HHS Announces 42 Part 2 Final Rule to Align with HIPAA

Lexology March 14, 2024
Sheppard Mullin Richter & Hampton LLP

The U.S. Department of Health and Human Services (HHS) and the Substance Abuse and Mental Health Services Administration (SAMHSA) recently released the long anticipated Final Rule to revise the Confidentiality of Substance Use Disorder (SUD) Patient Records regulations at 42 C.F.R. Part 2 (Part 2).

In March 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act § 3221 called for the alignment of certain Part 2 confidentiality protocols with HIPAA and HITECH Act requirements. The Final Rule implements these standardizations with the goals of improving care coordination and decreasing the burden on covered entities and business associates, while safeguarding the confidentiality of SUD records.

As a quick refresher, Part 2 serves to protect SUD records created by federally assisted...

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